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OFCCP: Ask the Experts
OFCCP Ask the Experts
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question.
What is the recommendation for implementation of OFCCP DIR 2008-02?:
FIELD ENFORCEMENT GUIDANCE: Compliance Officers should adhere to the following principles when evaluating the use of race and ethnicity categories in the AAPs prepared by federal contractors in accordance with the Executive Order, as amended:
A.Contractor data tracking responsibilities remain the same.(4) Accordingly, self–identification will remain the preferred method for compiling information about the sex, race or ethnicity of applicants and employees. A contractor’s invitation to self–identify race or ethnicity should state that the submission of such information is voluntary. However, contractors may use post–employment records or visual observation when an individual declines to self–identify his or her race or ethnicity.(5)
Specifically, this statement:
However, contractors may use post–employment records or visual observation when an individual declines to self–identify his or her race or ethnicity.(5)
We do want to better understand how applicants are progressing through our process and where they are dropping off. Our ATS does allow us to update race/gender. When someone has opted for "I choose not to disclose" on the electronic application, we can update race/gender in the ATS, and there is an audit trail showing that we did so. This would be valuable for us from a data/analytics perspective, so we can target where we may be losing candidates of various protected statuses and target our efforts accordingly. But is this a good practice? Is it better to leave candidates in an unknown race/gender than to use visual observation to update this information?
We are currently posting the following on your site, and have recently starting working towards posting this consistently on all our sites:
“[Our company name] considers applicants for all positions without regard to race, color, creed, religion, sex, age, national origin, marital status, status with regard to public assistance, disability, or sexual orientation. All applicants will be considered solely on the basis of their qualifications.”
However, some of the sites we post on require us to pay per word or per character, so our recruiting team, in an effort to save money or use it on the “meat” of the post, are wondering about shortening this for those sites only. I do know that we can shorten it but want to ensure there we are both compliant with the law and consistently post the important portions of it.
Do you happen to have suggestions on wording that is short but still covers it?
Also, shouldn’t we be including gender identity in the list?
I’m working on revising the full statement to be consistent and all-inclusive in all places we list it. Do you have other suggestions of things that would/could be added or otherwise changes?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - May 23, 2017
Yes, you are correct that you need to make some changes to your tagline. The example above is missing two required groups: gender identity and protected veterans. According to the OFCCP FAQs on its website, "Under OFCCP’s regulations, contractors may either state that they do not discriminate on any of the...
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - May 18, 2017
The process needs to meet the Equal Opportunity Clause requirements since it is a four day engagement (three days or less are exempted). I do not know what your company's "full recruiting process" is, but it is perfectly acceptable for different jobs or different circumstances...
I am new to my company and realized that our company website uses the proper tagline. However, it is not being put onto every open job ad. Does it need to be, or are we covered by having it on the website? Related, when we post positions on social media such as LinkedIn or Facebook, we are not considering them to have applied until they go to our website and fill out the company application. As such, we are not putting the EEO tagline on those postings. I believe we should be. Can you verify that is correct?
Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - May 04, 2017
According to the regulations enforced by the OFCCP, contractors are required to include language that "all qualified applicants will receive consideration for employment without regard to race, color, religion,...
I’m inquiring about whether or not, we are able to alter the format of the OFCCP Self-ID Disability Form for our mobile capabilities for Indeed sponsored jobs. Unfortunately, the pdf version that OFCCP is requiring is not compatible with Indeed’s quality check for “sponsored jobs”. That being said, they have basically given us a couple options…1) to alter the form, which I know OFCCP isn’t a fan of or 2) that we just don’t purchase sponsored jobs, however, that is where we get the largest amount of hires from, particularly coming with those sponsored Indeed jobs.
Here is the information we had been given by our third party rep on Indeed’s rationale. We were also given an example from another Federal Contractor that had altered the form to meet the quality check. My question for you is whether we would be a risk for being out of compliance or would be dinged during an OFCCP audit, if we go ahead and let the form be altered to meet Indeed’s quality check.
Info that was provided to us:
The way the OFCCP is formatted will not affect organic visibility, but it will affect mobile sponsored visibility (the ability for sponsored jobs to appear on mobile search results). Our Mobile Search Quality team reviews every application submitted for mobile sponsored visibility and disqualifies applications that have non-mobile friendly components. According to their guidelines, the PDF on the US Cellular application would disqualify them. This is because it is not easy to read without pinching and zooming.
Answered by Carla Irwin from Carla Irwin & Associates, Inc. - May 02, 2017
Gina, below is the OFCCP new FAQ on non-substantive changes to the Disability Self-ID form. I am not sure what alterations are being suggested, but I would advise not changing it outside of the parameters given by the OFCCP. Also, while I don't have enough information regarding the disqualification of applications that are non-mobile friendly that is something I would investigate further if applicants are being auto rejected based on the type of device...
The regulations require that federal contractors must, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to their protected veteran status.
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